Depositor Agreement: Edinburgh DataShare
Ownership
By agreeing to the terms outlined here, I assert that I am either the sole
rights-holder or am permitted by all rights-holder(s) to deposit this dataset in
such a repository thus, subject to any embargo period that I have specified in
the metadata record for this item, making it openly available to all comers to
download. By depositing this dataset in Edinburgh DataShare, I do not transfer
ownership. I retain, inter alia, the right to deposit the item elsewhere in its
present or future version(s). I retain all my moral rights in this work including
the right to be acknowledged.
I warrant: that the content of my deposited dataset does not breach any law; it
is original and does not infringe the copyright of any other person; if it
contains material that is copyright of a third-party, I have secured permission
from the rights-holder or her/his representative to include such material in my
dataset; any third-party materials for which I have not secured the necessary
permissions have been deleted from my dataset before deposit; if the dataset has
been sponsored or subsidised by any institution or organisation other than my
employer, I have fulfilled all obligations to that institution or organisation
regarding publication.
I do not guarantee that the dataset is accurate. I indemnify the University of
Edinburgh (hereafter referred to as 'the Host') against any legal action arising
from the content of my dataset.
Permissions granted to the repository
I assert that the Host:
1. May distribute copies of my dataset world-wide, in electronic format via any
medium for the lifetime of Edinburgh DataShare (and subsequently, for the
lifetime of any repository to which Edinburgh DataShare migrates my dataset).
Furthermore, I assert that the Host (and the host of any repository to which it
migrates my dataset) may translate, copy or re-arrange my dataset to ensure its
future preservation and accessibility, and may keep a copy of my dataset for
security, and back-up unless I notify the Host that specific restrictions apply.
No charge will be levied for distribution.
2. May at any time, migrate my dataset to another repository (subject-based,
institutional or other) on condition that all metadata are migrated with the
dataset, that no charge will be levied by the destination repository.
3. May incorporate metadata or documentation into public access catalogues for my
dataset.
4. May retain the right to remove my dataset from the repository for professional
or administrative reasons, or if it is found to violate the legal rights of any
person.
5. Shall not be under any obligation to take legal action on my behalf or on
behalf of any other rights holder in the event of breach of intellectual property
rights or any other right in the material deposited.
6. Shall not be under any obligation to reproduce, transmit, broadcast or display
my dataset in the same format or software as that in which it was originally
created.
Removal of the dataset from Edinburgh DataShare
If my deposited dataset is subject to complaint, the Host reserves the right to
invoke Edinburgh DataShare's Takedown policy. The Host reserves the right to
revise that policy.
Should a dataset be removed from Edinburgh DataShare by either the repository or
the depositor, the Host reserves the right to retain its metadata record in the
repository as trace of the dataset. This informs users of Edinburgh DataShare
that the removal of this dataset was deliberate.
Disclaimer
The Host accepts no responsibility for mistakes, omissions, or legal
infringements within the deposited object. While every care will be taken to
preserve the dataset, the Host is not liable for loss or damage to the dataset or
any other data while it is stored in Edinburgh DataShare (or any repository to
which the dataset is subsequently migrated, as indicated above).
Applicable law
This agreement shall be governed by the law of Scotland and shall take effect on
the date of deposit.
Definitions and terms
Dataset means a set of files containing both research data, and documentation.
Research data means that which is collected, observed, or created in a digital
form, for purposes of analysing to produce original research results.
Documentation means any digital files such as a codebook, technical report,
methodology, which explain the research data's production or use.
Edinburgh DataShare is the name for a repository hosted at the University of
Edinburgh that stores datasets.